자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 24, 2018, at around 00:20, the Plaintiff driven DNS E Qu900 vehicle under the influence of alcohol 0.101% in front of Chigh School located in Gwangju High School (hereinafter “instant drinking”).
B. On August 22, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 17, 2018, but was dismissed on November 20, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 4 through 6, the purport of the whole entries and arguments
2. Whether the instant disposition is lawful
A. In light of all circumstances, such as the fact that the Plaintiff’s assertion did not cause a personal injury due to the instant drunk driving, the Plaintiff’s construction designer’s operation is essential, economic difficulties and family members to support, and the drinking water level is not high, etc., the instant disposition is beyond the scope of discretion or abused discretion.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.
In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and thus, it is not effective externally to guarantee citizens or courts, and the legality of the disposition is not only the above criteria for disposition, but also the relevant laws